Last Modified: March 28, 2022
Becerra Educational Consulting, Inc. or one of its affiliates (collectively, the "Company," "BEC," "BEC Tutoring," "we," "us," or "our") posts the following terms and conditions (the "Agreement" or the "Terms and Conditions") to you ("you," "client," "user") that governs your use of the website www.bectutoring.com and other websites, mobile applications (collectively the "Site(s)"), and to govern your use of the products and services of the Company. BY YOUR USE OF THE SITES AND/OR BY YOUR USE OF THE COMPANY'S PRODUCTS AND SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
You should also read our Privacy Policy which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Sites or use our products or services. By accessing the Sites or using our products or services, you consent to these Terms and Conditions. To withdraw this consent, you must cease using the Sites or our products and services, and, if applicable, terminate your account and any activities with the Company. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Site if their parent or legal guardian does not agree to these Terms and Conditions.
PROPRIETARY RIGHTS
No material from the Sites or our products and services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed by the Company. The Sites and our products and services, including all of our content, are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark, and/or copyright law. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any materials from the Sites or our products and services in whole or in part, for any public or commercial purpose without our specific written permission.
LIMITED LICENSE
The Company grants you a limited, non-assignable, non-transferable, revocable license to use the Sites and our products and services. Such license will terminate when you no longer use the Sites or our products and services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, non-commercial use. The Company reserves the right to change or make corrections to the operation of, or any information available on, the Site or in our products and services at any time and without prior notice.
TRADEMARKS AND COPYRIGHTS
Trademarks and copyrights (collectively the "Marks") that are ours or of any third party displayed on the Sites or on content available through the Sites or in our products and services may not be used unless authorized by the owner of the Mark. All Marks not owned by the Company that appear on the Sites or on our products and services, if any, are the property of their respective owners. Nothing contained on the Sites or on our products and services grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites or on our products and services without our written permission or that of the third party rights holder. Your misuse of the Marks displayed on the Site or on our products and services is strictly prohibited.
YOUR ACCESS TO THE SITES AND OBLIGATIONS BY DOING SO
EXPECTATIONS OF BEHAVIOR
You agree that you will treat our tutors, instructors, employees, and contractors with respect at all times. You agree to not use obscenities, lie, make threats, or discuss personal matters or matters other than those related to the subject for which you seek our services. You agree to not disclose any information to your tutor, instructor, employee, or contractor that could be considered personally identifiable information for purposes other than what is necessary for delivering services through the Sites. For example, you will never provide personal information for the purpose of meeting or communicating with a tutor, instructor, employee, or contractor of the Company outside that of a formal session arranged through the Sites. Similarly, you agree that you will not solicit any such information from any tutor, instructor, employee, or contractor and agree that if any tutor, instructor, employee, or contractor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to the Company. You agree not to use the Sites or the products, services, and information offered on the Sites to recruit, solicit, or contact any tutors, instructors, employees, or contractors for employment or contracting for a business not affiliated with the Company without the Company's advance written permission.
SITE MODIFICATIONS
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend, or discontinue any aspect of the Sites, including, but not limited to, information, products, services, data, text, music, sound, photographs, graphics, video, messages, content or other material, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, for any reason and at our sole discretion.
USER SUBMITTED CONTENT
You are responsible for any User Content you post to the Sites. By "User Content" we mean any content you post to the Sites, which may include your course work, reviews, comments, image uploading, captions, participating in forums or classes, curating or creating materials and other such features that allow you to add content, including User Content, or participate in the services of the Sites. Specific to User Content, we are not:
Except as otherwise specifically provided, if you post User Content or submit material to the Sites that is publicly available, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms and Conditions or any law or regulation; and the User Content will not cause injury to any person or entity.
User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We have the right, but not the obligation, to monitor and edit or remove any activity or content, including User Content, on the Sites.
PRIVACY POLICY AND USER INFORMATION
In the course of your use of the Sites, you may be asked to provide certain information to the Company. You acknowledge and agree that you are solely responsible for the accuracy and content of such information you provide us. Our use of any information you provide via the Site shall be governed by our Privacy Policy.
INTERNATIONAL USE
We control and operate the Sites from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Sites. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
LINKS FROM AND TO THE SITES
As a service to you, the Company may provide information about other resources that may be of interest (the "Linked Sites"); however, the Company is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit the Sites, you may be subject to the policies of a third-party. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services available on or through any third-party website or resource.
We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by the Company for you to add for any type of link to the Sites. To seek our permission, you may write to the Company at the address below. We reserve the right, however, to deny any request or rescind any permission granted by the Company to link through such other type of link, and to require termination of any such link to the Sites, at our discretion at any time.
AMAZON AND AFFILIATES
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
INDEMNITY
You agree to defend, indemnify, and hold the Company, its directors, officers, employees, agents, suppliers, vendors, partners, contractors, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Sites or our products or services, your violation of any law, your violation of the Terms and Conditions or the posting or transmission of any User Content, or materials on or through the Sites by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites or our products or services.
PRODUCTS AND SERVICES
Scheduling:
Attendance:
Availability:
Payments:
Cancellations:
No-Shows and Late Starts
Equipment and Materials
Registration
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND PRODUCTS AND SERVICES OF THE COMPANY ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITES OR THE CONTENT, FUNCTION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE SITES OR THE PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS OR PERFORMANCE EXPECTATIONS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES OR THE PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES OR THE PRODUCTS AND SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITES. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, TUTORS, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, VENDORS, CONTRACTORS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO OR THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, LACK OF PERFORMANCE, LOST DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITES OR YOUR USE OF THE PRODUCTS AND SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF THE SITES OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, TUTORS, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and products and services available through the Sites.
APPLICABLE LAW AND JURISDICTION
You agree that the laws of the State of Illinois, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with the Company relating in any way to your use of the Sites resides in the State and Federal courts of Cook County, Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the State and Federal courts of Cook County, Illinois. In addition, you expressly waive any right to a jury trial in any legal proceeding against the Company, its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, tutors, agents, contractors, or successors under or related to these Terms and Conditions. Any claim or cause of action you have with respect to use of the Sites or the products and services must be commenced within six (6) months after the claim arises.
CONSENT TO PROCESSING
By providing any personal information to the Sites or otherwise to the Company, all users fully understand and unambiguously consent to the collection and processing of such information in the United States as outlined in our Privacy Policy. Any inquiries concerning this should be directed to the Company at the address below.
RISK OF LOSS
The items purchased from our Sites are delivered by download. As a result, your computer or other device used to access the Sites must meet minimum software and storage requirements.
INTERRUPTION OF SERVICE
You acknowledge that temporary interruptions in the availability of the Sites may occur from time to time as normal or extraordinary events. Also, we may decide to cease making available the Sites or any portion of the Sites at any time and for any reason. Under no circumstances will the Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.
CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in the Agreement will be effective when posted. Your continued use of the Sites and/or the products or services offered on or through the Sites after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
EMAIL COMMUNICATIONS
If you provide the Company your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Sites products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us. You may opt-out of receiving marketing communications from the Company through our Privacy Policy.
CONTACTING US
To contact the Company with any questions or concerns in connection with this Agreement or the Sites, or to provide any notice under this Agreement to the Company please contact the Company at:
MISCELLANEOUS
Becerra Educational Consulting, Inc. or one of its affiliates (collectively, the "Company," "BEC," "BEC Tutoring," "we," "us," or "our") posts the following terms and conditions (the "Agreement" or the "Terms and Conditions") to you ("you," "client," "user") that governs your use of the website www.bectutoring.com and other websites, mobile applications (collectively the "Site(s)"), and to govern your use of the products and services of the Company. BY YOUR USE OF THE SITES AND/OR BY YOUR USE OF THE COMPANY'S PRODUCTS AND SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
You should also read our Privacy Policy which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Sites or use our products or services. By accessing the Sites or using our products or services, you consent to these Terms and Conditions. To withdraw this consent, you must cease using the Sites or our products and services, and, if applicable, terminate your account and any activities with the Company. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Site if their parent or legal guardian does not agree to these Terms and Conditions.
PROPRIETARY RIGHTS
No material from the Sites or our products and services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed by the Company. The Sites and our products and services, including all of our content, are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark, and/or copyright law. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any materials from the Sites or our products and services in whole or in part, for any public or commercial purpose without our specific written permission.
LIMITED LICENSE
The Company grants you a limited, non-assignable, non-transferable, revocable license to use the Sites and our products and services. Such license will terminate when you no longer use the Sites or our products and services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, non-commercial use. The Company reserves the right to change or make corrections to the operation of, or any information available on, the Site or in our products and services at any time and without prior notice.
TRADEMARKS AND COPYRIGHTS
Trademarks and copyrights (collectively the "Marks") that are ours or of any third party displayed on the Sites or on content available through the Sites or in our products and services may not be used unless authorized by the owner of the Mark. All Marks not owned by the Company that appear on the Sites or on our products and services, if any, are the property of their respective owners. Nothing contained on the Sites or on our products and services grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites or on our products and services without our written permission or that of the third party rights holder. Your misuse of the Marks displayed on the Site or on our products and services is strictly prohibited.
YOUR ACCESS TO THE SITES AND OBLIGATIONS BY DOING SO
- Some portions of the Sites are available to the general public. The Site is available to users 13 years and older and who have not been suspended or removed by the Company for any reason. Purchase of our services is limited to registered users 18 years and older, including parents or guardians of users under the age of 18. By registering on or logging in to the Sites you represent that you meet the requirements for use of the Sites and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In consideration of your use of the Sites, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account or refuse service in our sole discretion for any reason at any time including as a result of a violation of these Terms and Conditions, without notice. Accounts are void where prohibited by law.
- Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Sites or any materials or content related to our programs, products, or services, even if the materials or content are not accessed through the Sites. We reserve the right to aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
- The Sites may be used only for lawful purposes by individuals using authorized services of the Company. You are responsible for your own communications, including the upload, download, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. The Company specifically prohibits any use of the Sites, and requires all users to agree not to use the Sites, for any of the following:
- Posting any information that is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Copying, sharing, or otherwise distributing Site materials in an unauthorized manner;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of U.S. export control laws;
- Attempting to interfere in any way with the Sites networks or network security, or attempting to use the Sites service to gain unauthorized access to any other computer system;
- Interfering with or disrupting the Website or the Service;
- Disrupting the activities or enjoyment of the Sites for other users.
- Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
- Collecting or storing personal data about other users;
- Use of any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);
- Use of the Website to gain competitive intelligence about Company, the Website, or any product or Service offered via the Website or to otherwise compete with Company or its affiliates;
- Framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or
- Harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
EXPECTATIONS OF BEHAVIOR
You agree that you will treat our tutors, instructors, employees, and contractors with respect at all times. You agree to not use obscenities, lie, make threats, or discuss personal matters or matters other than those related to the subject for which you seek our services. You agree to not disclose any information to your tutor, instructor, employee, or contractor that could be considered personally identifiable information for purposes other than what is necessary for delivering services through the Sites. For example, you will never provide personal information for the purpose of meeting or communicating with a tutor, instructor, employee, or contractor of the Company outside that of a formal session arranged through the Sites. Similarly, you agree that you will not solicit any such information from any tutor, instructor, employee, or contractor and agree that if any tutor, instructor, employee, or contractor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to the Company. You agree not to use the Sites or the products, services, and information offered on the Sites to recruit, solicit, or contact any tutors, instructors, employees, or contractors for employment or contracting for a business not affiliated with the Company without the Company's advance written permission.
SITE MODIFICATIONS
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend, or discontinue any aspect of the Sites, including, but not limited to, information, products, services, data, text, music, sound, photographs, graphics, video, messages, content or other material, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, for any reason and at our sole discretion.
USER SUBMITTED CONTENT
You are responsible for any User Content you post to the Sites. By "User Content" we mean any content you post to the Sites, which may include your course work, reviews, comments, image uploading, captions, participating in forums or classes, curating or creating materials and other such features that allow you to add content, including User Content, or participate in the services of the Sites. Specific to User Content, we are not:
- Responsible for the personally identifiable or other information you choose to submit as publicly available User Content.
- We reserve the right to remove any User Content generated by any user at our sole discretion.
- If we allow you to upload User Content, you may not provide User Content that you do not have the right to submit.
- Your User Content may not violate a third party's copyright, patent, trade secret, privacy, publicity, or any other proprietary right.
- You may not provide User Content that contains lies, falsehoods or misrepresentations that could damage the Company or anyone else; provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate anyone else or lie about your affiliation with another person or entity in your User Content.
- You may not use our suppliers' product names or trademarks in your User Content.
- You may not provide User Content which disparages the Company or our suppliers, vendors, partners, employees, tutors, contractors, institutions, distributors, representatives, or affiliates.
Except as otherwise specifically provided, if you post User Content or submit material to the Sites that is publicly available, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms and Conditions or any law or regulation; and the User Content will not cause injury to any person or entity.
User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We have the right, but not the obligation, to monitor and edit or remove any activity or content, including User Content, on the Sites.
PRIVACY POLICY AND USER INFORMATION
In the course of your use of the Sites, you may be asked to provide certain information to the Company. You acknowledge and agree that you are solely responsible for the accuracy and content of such information you provide us. Our use of any information you provide via the Site shall be governed by our Privacy Policy.
INTERNATIONAL USE
We control and operate the Sites from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Sites. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
LINKS FROM AND TO THE SITES
As a service to you, the Company may provide information about other resources that may be of interest (the "Linked Sites"); however, the Company is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit the Sites, you may be subject to the policies of a third-party. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services available on or through any third-party website or resource.
We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by the Company for you to add for any type of link to the Sites. To seek our permission, you may write to the Company at the address below. We reserve the right, however, to deny any request or rescind any permission granted by the Company to link through such other type of link, and to require termination of any such link to the Sites, at our discretion at any time.
AMAZON AND AFFILIATES
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
INDEMNITY
You agree to defend, indemnify, and hold the Company, its directors, officers, employees, agents, suppliers, vendors, partners, contractors, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Sites or our products or services, your violation of any law, your violation of the Terms and Conditions or the posting or transmission of any User Content, or materials on or through the Sites by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites or our products or services.
PRODUCTS AND SERVICES
Scheduling:
- Please note that our online scheduling system is designed for our busy students and their families. In order to ensure everyone can utilize this system and our services to their optimal capacity, we ask that our clients refrain from booking sessions to hold spots, and we also ask that our clients double-check their schedules before booking. The Company reserves the right to deem an appointment a "hold" appointment and cancel such "hold" appointments at the Company's discretion.
Attendance:
- We work very hard to make sure our students' plans and approach are personalized based on our planned attendance. Students are required to be on-time and prepared. If attendance policies are violated, we do reserve the right to suspend online scheduling for clients who do not follow these guidelines and those in our Terms and Conditions.
Availability:
- You understand that for certain programs and services offered by the Company that size may be limited and, therefore, enrollment is taken on a first-come, first-served basis.
Payments:
- You agree to enter your payment information in your account to reserve appointments and agree pay in full by credit card. The Company will charge your credit card within 48 hours of the completion of a scheduled session. You are responsible for and will be charged for any applicable taxes or fees.
- Refunds, if applicable, will be processed within 15 business days.
Cancellations:
- The Company understands that occasionally clients may have an unavoidable conflict that can lead to cancellation of a session. The Company's cancellation policy requires 24 hours advance notice for cancellation, after which a session becomes non-cancellable.
- The Company, at its discretion, may require written confirmation and/ or explanation of cancellations.
- Abuse of the cancellation policy is not allowed. If the Company, at its sole discretion, believes that a client is abusing the cancellation policy, we reserve the right to revoke said client's right to use the cancellation policy.
- The Company reserves the right to change this cancellation policy at any time for any reason.
No-Shows and Late Starts
- No proration. Clients will be charged full session fee even for a late start to the session that is caused by the client. Exceptions may be made due to extenuating circumstances, as determined by BEC Management.
- If a client does not show up for a session (a "no-show") the client will be charged the amount for the full session.
Equipment and Materials
- Clients are solely responsible for all computer hardware and other equipment and materials necessary for fulfillment of the products and services you choose and for access and use of the Sites. Clients are also responsible for outside services (such as internet service and wireless services) required for access and use of our online products and services and for access and use of the Sites.
- Clients are responsible for homework, session pre-work, and other preparations that will make the session more effective for the client.
Registration
- To use products and services delivered on or through the Sites, you will need to register, pay any applicable fees, and create an account username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of our products or services.
- You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify the Company immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder.
- In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Sites; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives.
- You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any products or services available on the Sites after we have terminated or suspended your access to the Site or the products or services on the Site.
- You may not use the Sites if you are an employee, director or investor with a competitor of the Company.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND PRODUCTS AND SERVICES OF THE COMPANY ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITES OR THE CONTENT, FUNCTION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE SITES OR THE PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS OR PERFORMANCE EXPECTATIONS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES OR THE PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES OR THE PRODUCTS AND SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITES. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, TUTORS, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, VENDORS, CONTRACTORS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO OR THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, LACK OF PERFORMANCE, LOST DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITES OR YOUR USE OF THE PRODUCTS AND SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF THE SITES OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, TUTORS, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and products and services available through the Sites.
APPLICABLE LAW AND JURISDICTION
You agree that the laws of the State of Illinois, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with the Company relating in any way to your use of the Sites resides in the State and Federal courts of Cook County, Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the State and Federal courts of Cook County, Illinois. In addition, you expressly waive any right to a jury trial in any legal proceeding against the Company, its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, tutors, agents, contractors, or successors under or related to these Terms and Conditions. Any claim or cause of action you have with respect to use of the Sites or the products and services must be commenced within six (6) months after the claim arises.
CONSENT TO PROCESSING
By providing any personal information to the Sites or otherwise to the Company, all users fully understand and unambiguously consent to the collection and processing of such information in the United States as outlined in our Privacy Policy. Any inquiries concerning this should be directed to the Company at the address below.
RISK OF LOSS
The items purchased from our Sites are delivered by download. As a result, your computer or other device used to access the Sites must meet minimum software and storage requirements.
INTERRUPTION OF SERVICE
You acknowledge that temporary interruptions in the availability of the Sites may occur from time to time as normal or extraordinary events. Also, we may decide to cease making available the Sites or any portion of the Sites at any time and for any reason. Under no circumstances will the Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.
CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in the Agreement will be effective when posted. Your continued use of the Sites and/or the products or services offered on or through the Sites after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
EMAIL COMMUNICATIONS
If you provide the Company your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Sites products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us. You may opt-out of receiving marketing communications from the Company through our Privacy Policy.
CONTACTING US
To contact the Company with any questions or concerns in connection with this Agreement or the Sites, or to provide any notice under this Agreement to the Company please contact the Company at:
- Mail: BEC Educational Consulting, Inc., ATTN: Legal, 3024 N Ashland Ave, Unit 577167, Chicago, IL 60657
- Phone: +1.773.275.7971
- Email: [email protected]
MISCELLANEOUS
- These Terms and Conditions comprise the entire agreement between you and the Company concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of this Agreement or your use of the Sites.
- The Terms and Conditions inure to the benefit of the Company's successors, assignees and licensees.
- The Terms and Conditions which would be expected to survive the termination or expiration of your relationship with the Company will so survive.
